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Joseph A. SaccomanoBlog Posts

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School District Sanctioned for Failing to Preserve Evidence After Receiving EEOC Charge

A Maryland federal district court’s decision underscores the need to preserve evidence once notified of a potential lawsuit and the significant consequences for not doing so. In Eller v. Prince George’s Cty. Pub. Sch., 2020 U.S. Dist. LEXIS 234367 (D. Md. Dec. 11, 2020), an employment discrimination case, the court found the school district’s failure...… Continue Reading
February 3, 2021

South Carolina Enacts Lactation Support Act

South Carolina Governor Henry McMaster signed into law the “South Carolina Lactation Support Act,” requiring employers to provide employees reasonable unpaid break time, or paid break time or mealtime, each day to express breast milk. The Act went into effect on June 25, 2020, and, by July 25, 2020, the South Carolina Human Affairs Commission... Continue Reading
July 6, 2020

South Carolina Requirements for Back to Work Offers

South Carolina’s Department of Employment and Workforce (DEW) recently issued guidance on how an employer should manage a former employee who turns down an offer of suitable work. DEW recommends that if an employer offers an individual a job and they refuse, the employer should report the incident to DEW through the Employer Self Service... Continue Reading…
May 14, 2020

Applying the Policy Behind AB 5, a San Diego Court Has Enjoined a Company from Failing to Comply with California Employment Law with Respect to its Classification of Individuals as Independent Contractors

While litigation over the controversial Assembly Bill 5 (AB 5) continues throughout the state, a San Diego Superior Court judge recently issued a preliminary injunction enjoining and restraining a company from failing “to comply with California employment law” regarding a category of individuals within the City of San Diego while the litigation is pending. This... Continue Reading
February 28, 2020

Virginia Attempts, Maryland Succeeds, in Limiting Non-Competes For Low-Wage Employees

In numerous states throughout the country, legislatures are moving to limit the use and enforcement of non-compete and other restrictive covenant agreements. Two such states, Maryland and Virginia, are seeking to curtail such agreements with regard to low-wage employees. Virginia Senate Bill 1387 On January 17, 2019, the Virginia Senate introduced SB 1387, which would...… Continue Reading The post Virginia Attempts, Maryland Succeeds, in Limiting Non-Competes For Low-Wage Employees appeared first on Non-Compete and Trade Secrets Report.
June 7, 2019

The IRS Reopens the Determination Letter Program for Merged Plans and Cash Balance Plans

On May 1, 2019, the IRS issued Revenue Procedure 2019-20, which reopens the determination letter program in a limited manner for individually designed plans that are merged plans or statutory hybrid plans, such as cash balance plans. The new IRS guidance provides that sponsors of merged plans may request determination letters going forward, while sponsors...… Continue Reading
May 13, 2019

Illinois Governor Signs $15 Minimum Wage Law

As anticipated, today Governor J.B. Pritzker signed the “Lifting Up Illinois Working Families Act,” under which the state’s minimum wage will increase to $15.00 per hour over the next six years. Under the law, the hourly minimum wage will increase to $9.25 on January 1, 2020; to $10.00 on July 1, 2020; to $11.00 on January 1,...… Continue Reading
February 20, 2019

Illinois Legislature Approves Bill to Raise Minimum Wage to $15.00, Sends to Governor for Signature

(Update from an earlier post) The Illinois legislature has now passed the “Lifting Up Illinois Working Families Act,” under which the state’s minimum wage will increase to $15.00 per hour over the next six years. Governor J.B. Pritzker has stated that he intends to sign the bill into law prior to his first budget speech...… Continue Reading
February 15, 2019

Illinois Legislature Fast-Tracks Bill to Raise Minimum Wage to $15.00

Following up on its recently-elected governor’s campaign pledge, the Illinois legislature has fast-tracked the “Lifting Up Illinois Working Families Act,” under which the state’s minimum wage will increase to $15.00 per hour over the next six years. First introduced on February 6th, the bill already has been passed by the state senate and likely is...… Continue Reading
February 8, 2019

Evidence That Similarly Situated Employees Included Those of the Same Race Dooms Race Discrimination Claim

A federal district court granted an employer’s summary judgment motion in light of evidence that employees allegedly not disciplined for similar infractions as the plaintiff included those of the same race and color as the plaintiff..  The Court ruled that the purported inconsistency in enforcement, if any, was not because of the plaintiff’s race or...… Continue Reading
May 26, 2017

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